Hoechst GmbH v. Genentech, Inc.

ICC International Court of Arbitration (2011)

Fitzpatrick Obtains Arbitration Award in Favor of Hoechst GmbH

On June 9, Fitzpatrick obtained an award on behalf of Hoechst GmbH from the ICC International Court of Arbitration in a dispute over royalties due under a terminated license involving eukaryotic protein expression technologies. Following a week-long hearing, the arbitrator ruled that “as a matter of principle, the License Agreement applies to Rituxan®” and ordered the production of documents to permit the calculation of royalties that would be owed to Hoechst for Genentech’s use of human cytomegalovirus (HCMV) enhancer technologies.